Rules & Regulations of the State of Tennessee Title 1660 - Tennessee Wildlife Resource Agency
Tennessee Rules & Regulations
Title 1660 – Tennessee Wildlife Resources Agency (TWRA)
Overview
The Tennessee Wildlife Resources Agency (TWRA) is the state agency responsible for managing and conserving wildlife resources in Tennessee. Title 1660 of the Tennessee Rules and Regulations contains the administrative rules governing TWRA’s functions, including wildlife conservation, hunting, fishing, habitat management, licensing, and enforcement of wildlife laws.
Purpose and Authority
TWRA operates under the authority granted by the Tennessee Code Annotated (TCA) Title 70, which governs wildlife resources and agency powers. The rules codified in Title 1660 are designed to:
Protect and manage wildlife populations.
Regulate hunting and fishing activities.
Ensure sustainable use of natural resources.
Promote public safety and education.
Enforce conservation laws and regulations.
Structure of Title 1660
Title 1660 is organized into several chapters covering different areas such as:
Licensing: Rules for issuing hunting, fishing, trapping, and boating licenses.
Seasons and Bag Limits: Establishes dates and limits for hunting and fishing species.
Protected Species: Defines endangered or protected wildlife and their management.
Wildlife Refuges and Sanctuaries: Regulations for protected areas managed by TWRA.
Enforcement and Penalties: Procedures for enforcement, violations, fines, and hearings.
Boat and Water Safety: Rules related to boating regulations on Tennessee waters.
Key Provisions
1. Licensing and Permits
All hunters, anglers, and trappers must obtain appropriate licenses.
Special permits may be required for specific activities (e.g., turkey hunting, controlled hunts).
Licenses are non-transferable and subject to renewal rules.
2. Hunting and Fishing Seasons
TWRA sets open and closed seasons for various species to ensure population sustainability.
Bag limits restrict the number of animals or fish that can be taken per day or season.
Specific rules address methods of take, allowable equipment, and hunting zones.
3. Conservation and Protection
TWRA designates certain species as protected or endangered.
Regulations prohibit the hunting, capturing, or possession of protected species.
Habitat conservation efforts and restoration programs are enforced through regulations.
4. Enforcement
TWRA law enforcement officers have authority to inspect licenses, enforce regulations, and issue citations.
Violations may lead to fines, license suspensions, or criminal charges.
The agency follows administrative procedures for hearings and appeals related to enforcement actions.
Relevant Case Law
Several Tennessee cases have interpreted the authority and regulations of the TWRA under Title 1660:
1. Tennessee Wildlife Resources Agency v. Casteel, 1988 Tenn. App. LEXIS 250
Issue: A challenge to TWRA’s enforcement of hunting regulations and seizure of illegally taken game.
Holding: The court upheld TWRA’s authority to seize illegally hunted wildlife under state regulations.
Significance: Confirms TWRA’s broad power to enforce hunting laws and seize evidence to protect wildlife resources.
2. State v. Ballard, 779 S.W.2d 435 (Tenn. 1989)
Issue: Defendant challenged the constitutionality of TWRA’s rules related to search and seizure during enforcement.
Holding: The Tennessee Supreme Court held that TWRA officers, as state agents, must comply with the Fourth Amendment, but recognized exceptions for wildlife law enforcement in public areas.
Significance: Balances TWRA enforcement authority with constitutional protections, permitting reasonable inspections related to wildlife laws.
3. Tennessee Wildlife Resources Agency v. Howerton, 2007 Tenn. App. LEXIS 121
Issue: Appeal of a license revocation due to alleged violations of fishing regulations.
Holding: The court upheld the agency’s revocation, citing substantial evidence of regulatory violations.
Significance: Validates TWRA’s administrative procedures and disciplinary authority under Title 1660 regulations.
4. State v. Allen, 2005 Tenn. Crim. App. LEXIS 812
Issue: The defendant contested criminal penalties imposed for illegal trapping under TWRA regulations.
Holding: The court affirmed criminal penalties consistent with TWRA regulations.
Significance: Reinforces the criminal enforcement powers of TWRA for violations of wildlife resource laws.
Administrative Procedure
TWRA operates in compliance with the Tennessee Uniform Administrative Procedures Act (APA), which governs how state agencies:
Adopt and amend rules.
Conduct hearings.
Enforce rules.
Allow for appeals of administrative decisions.
Licensees and regulated parties have rights to notice, hearing, and appeal before final agency actions such as license suspensions or revocations.
Summary
Title 1660 sets forth the comprehensive regulatory framework by which the TWRA manages Tennessee’s wildlife resources.
The regulations balance conservation goals with recreational and commercial uses of wildlife.
TWRA has significant enforcement authority, including license issuance, rule enforcement, and administrative penalties.
Tennessee courts uphold the agency’s authority while ensuring constitutional protections.
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